Can I Sue for a Dog Bite in Illinois?

 Posted on February 15, 2026 in Personal Injury

People tend to think of pets as family. However, it’s easy to forget that dogs are still animals, and sometimes, they lash out without warning. When a dog bite results in a serious injury, you may wonder what legal recourse you have, if any. In Illinois, you can absolutely sue a dog’s owner or handler for a bite resulting in injury. A Joliet, IL personal injury lawyer can help you explore your options.

At McNamara Phelan McSteen, LLC, we provide victims of dog bites with aggressive representation in injury claims. In the past, we have secured significant payouts for animal attacks, including a $100,000 settlement in a case involving a pair of vicious dogs.

Does Illinois Have a "First Bite Free" Law?

Some states follow what people call a "first bite free" rule. In those states, a dog owner may not be held legally responsible the first time the dog bites someone, especially if the owner had no reason to believe the dog was dangerous. Illinois does not follow that rule. Instead, the state follows a strict liability standard under the Animal Control Act. This law says that a dog owner is responsible if:

• The dog attacked, injured, or attempted to attack someone
• The person was lawfully allowed in the place where the injury happened
• The person did not provoke the dog

The victim does not have to prove that the dog had bitten someone before. The victim also does not have to show that the owner knew the dog was dangerous. If the three elements above are fulfilled, the owner is usually liable. This law places clear responsibility on dog owners to control their animals.

Are Dog Walkers Responsible for Bites?

Many dog owners hire dog walkers. Some walkers are friends or neighbors. Others work for professional pet care companies. If a dog bites someone while being walked, people often ask who is responsible.

The answer depends on control. A person who "harbors" or keeps the dog may also be considered an owner under state law. Courts look at who had control over the dog at the time of the bite.

If a professional dog walker had control of the leash and failed to manage the dog, the walker could share responsibility. In some cases, both the legal owner and the walker may be liable. Each situation is fact-specific. It is important to review contracts, insurance policies, and the facts surrounding the incident.

The Importance of Seeing a Doctor After a Dog Bite

Some dog bites look minor at first. The skin may appear barely broken. However, dog bites carry a high risk of infection, and a dog’s mouth contains bacteria that can cause serious problems if not treated. Victims should seek medical care right away. A doctor can

• Clean and treat the wound
• Prescribe antibiotics if needed
• Check for nerve or tendon damage
• Evaluate the need for a tetanus shot or rabies treatment

Prompt medical care protects your health. It also creates documentation. Medical records are important evidence in a dog bite claim, as they can show the link between the dog bite and the resulting damages. Our attorneys can also use medical records to help estimate the worth of your claim based on your short- and long-term damages.

Non-Economic Damages in a Dog Bite Claim

Dog bite claims are not only about medical bills. The law also allows victims to recover non-economic damages.

Non-economic damages include pain and suffering, emotional distress, anxiety, and trauma. A child who is bitten may develop a fear of dogs. An adult may feel embarrassed about facial scars. Some victims experience nightmares or post-traumatic stress. These damages are real, even though they do not come with receipts.

Insurance companies often try to minimize these damages. They may argue that scars are small or that emotional harm is temporary. A thorough claim presents medical records, photos, and sometimes mental health evaluations to show the true impact of an injury.

Do Insurance Providers Pay for Dog Bites in 2026?

Most dog bite claims in Illinois are paid through homeowner’s insurance or renter’s insurance. These policies typically cover injuries caused by the policyholder’s dog.

Many insurance companies provide dog bite coverage. However, some insurers are becoming stricter. They may increase premiums after a claim. Some policies contain special exclusions for prior incidents. If the dog owner has valid coverage, the insurance company typically handles the claim. The insurer investigates the incident, reviews medical records, and may make a settlement offer.

The important thing to keep in mind is that insurance companies are businesses and their goal is to reduce payouts. Adjusters may ask for recorded statements. They may question whether the victim provoked the dog. They may argue that the victim was trespassing.

You should always be cautious when speaking with an insurance adjuster. Statements made early on can affect the outcome of the claim. If the dog owner does not have insurance, the victim may have to pursue compensation directly from the owner. That can make the case more complex.

Handling Dog Bite Claims in a Trial

Many dog bite cases settle outside of court. Settlement can save time and legal costs. However, not every case resolves easily. If the insurance company refuses to offer fair compensation, filing a lawsuit may be necessary.

During litigation, both sides exchange evidence. This process is called discovery. It may include written questions, document requests, and depositions. Medical records and photographs often play a key role. If the case does not settle, it may go to trial. At trial, a judge or jury decides whether the defendant is liable and how much compensation should be awarded.

In dog bite cases, the main questions revolve around whether the victim was lawfully present and whether the dog was provoked. Trials can be stressful. However, they are sometimes necessary to obtain full and fair compensation.

Contact a Joliet, IL Dog Bite Injury Attorney

Illinois law provides strong protections for dog bite victims, but pursuing a claim can feel overwhelming. Evidence must be preserved, deadlines must be met, and insurance companies must be handled carefully.

If you or your child has been injured by a dog, reach out to our Will County, IL personal injury lawyers. To schedule a free consultation, call McNamara Phelan McSteen, LLC at 815-727-0100 today.